Thoughts on recent Ninth Circuit and California appellate cases from Professor Shaun Martin at the University of San Diego School of Law.

Thursday, June 14, 2007

People v. Rivera (Cal. Supreme Ct. - June 14, 2007)

I agree with the California Supreme Court on this one. The police can "knock and talk" with someone -- i.e., can knock on their door and converse with them, including asking for consent to search the home -- without much constitutional scrutiny; e.g., pursuant to an anonymous, unconfirmed tip. You always have the right to tell the police "No, you can't come in unless you have a warrant." And as long as that's clear, I don't see the harm in letting the police knock on your door and see if you want to voluntarily assist them.